• Joint property owners

I , my father and my mother are joint property owners of a flat. My fathers health is precarious at the moment and his condition is deteriorating. 

My dad has asked me to take the required signatures from him and make the flat on my moms and my name. 

What is the procedure to do this ? Do we need a release deed ?

If i dont do this then what shall happen when my father is deceased ? Will the flat automatically be transfered to my moms and my name after providing the death certificate to the society ?
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

1) your father should execute will bequeathing his one third share in flat in your mother and your name 

 

2) will should be attested by 2 witnesses 

 

3) father can also fill in nomination form and submit it to society that your mother and you would be nominees f flat 

 

4) society can on father demise transfer father share in your mother name and your name 

 

5) in alternative father can execute registered gift deed in your mother name and your name 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

submit death certificate of father 

 

2) duplicate copy of nomination form 

 

3) society may seek indemnity bond to indemnify society in case of any claims 

 

4) it should not take more than 3 months as transfer would be done after approval by MC 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

Registered release deed will execute. If father cannot visit sub registrar office, than you can apply for commissioner, Sub registrar will come at your place.

Or father can execute WILL, attested by 2 witness. Effective after death.

After his intestate death, his share will transfer in his legal heirs, If you are only child than his share will inherit in you and mother equally.

Yogendra Singh Rajawat
Advocate, Jaipur
18591 Answers
22 Consultations

4.6 on 5.0

he can execute a relinquishment deed / gift deed  in favour of your mother. It should be duly stamped and registered 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

1. if your father wishes to transfer his share in the flat during his lifetime itself, then he can make a gift deed jointly in favour of you and your mom

2. thus your father's 50% will be transferred to you and your mom and the parties will hold the flat with following %:

Mom = 50% + 25% = 75%

you = 25%

3. if such a gift deed is not made by your father in his lifetime then after his demise you will have to apply for letters of administration from the Court and thereafter the administrator appointed by the court will execute and register transfer deeds in favour of the legal heirs of your father [who will be his mother, widow and children].

4. for obtaining such LA you will have to pay court fees of 75k plus lawyer's fees plus clerkage

5. as opposed to that, if a gift deed is made then the stamp duty is only Rs 500 + 1% metro tax on the market value of the property [which will be 25% share of your father in the flat] which will apply to transfer of 25% to you and for transfer of balance 25% to your mom, stamp duty will be 3% + 1% metro tax

6. so you can do the math and decide for yourself 

Yusuf Rampurawala
Advocate, Mumbai
5119 Answers
31 Consultations

5.0 on 5.0

if you are not sure of the authenticity of the information provided by the lawyers here then might as well you refrain from posting your queries here and consult some lawyer in person!!


Your ratings matter least!!

People do not want to read the responses and jump to conclusions

Firstly presently you have no iota of right in the flat which is owned jointly by your parents

When the co owners are themselves alive there is no question of their legal heirs having any right in the property

The claim of legal heirs will surface only after the demise of the owner provided the owner has not already disposed of the property in his lifetime or has made a Will in favour of some other person while excluding his legal heirs

So the question of release Deed does not arise 

A release is always between co owners. And you are not a co owner 

So if your father wishes to transfer his share in the flat in his lifetime then it can only be done by a registered gift deed

The government has prescribed different rates of stamp duty when the gift is to a descendant like children or to relatives by marriage like wife

If no such gift deed is made then the share of your father after his demise would devolve on his legal heirs as per intestate succession 

Some societies simply transfer the share certificate to the names of the legal heirs of the deceased member by accepting some affidavit with indemnity from the applicant legal heir and the death certificate of the deceased member 

However mere entry of name of legal heirs in the share certificate does not confer any ownership right or title on them 

For proper conferment of title, any of the legal heirs of the deceased has to apply for letter of administration from Bombay HC and upon such legal heir being appointed as an administrator, he can register transfer deeds in favour of the legal heirs of the deceased as per law. This confers proper title on the legal heir

The registered transfer deed alongwith the LA grant is to be submitted to society which then proceeds to transfer the shares attached to the flat to the name of the transferee mentioned in the transfer deed

There is no automatic transfer 

A proper procedure needs to be followed which would entail expenses 

Once again the senseless ratings of the users matter least. If such users choose to remain ignorant then it is at their peril. Lawyers cannot be expected to state what the users like to hear from them. 

 

 

 

Yusuf Rampurawala
Advocate, Mumbai
5119 Answers
31 Consultations

5.0 on 5.0

It will be transfered to mom's names after filing death certificate. You can be nominee or also to owner as per your mutual arrangements with mother

 

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Hi

You will be required to pay the transfer fee in the cooperative society office and then the transfer will take place. This would take around 2,3 months in transfer. 

 

Rahul Jatain
Advocate, Rohtak
2479 Answers
4 Consultations

4.9 on 5.0

Your father can transfer his share in the property by executing a registered gift deed or a settlement deed. either in your favor or your mother's name.

If he dies intestate then his share of property shall devolve equally on his legal heirs i.e., you and your mother.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

The society will not transfer the share of your father on your names, you may have to take steps for transferring his share to your names, in fact you can get the property mutated to your names alone after his death.

Please remember that the share certificate of the society is not a title document.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. Nothing happens "automatically" as far as legal procedures & requirements are concerned.

2. Father, while being alive, has to execute a registered "Gift Deed" in your favor for his 33.33% share. IF Father cannot go to registrar office THEN registrar can be summoned at house via proper application and fees.

3. Release Deed can be executed AFTER demise of Father between yourself and mother, wherein mother will release her rights /claims on property of her husband in favor of her son (you).

The Society has to be given a notarized copy of either Gift Deed or Release Deed, to delete name of Father from their membership records, wherein you will become owner of 66.66% and mother will remain owner of 33.33%.

4. NOMINEE DOES "NOT" BECOME OWNER OF FLAT:
https://chshelpforum.com/nomination-in-chs

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

Your father can execute execute gift deed in your and moms favour to the extent of share as per his desire. He can also execute registered will for the same. In this case if your father expires without will the said flat will be transfered to mom along with your consent with regards to your share in your fathers property

 

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

1. A will notarised or registered can be made in this case.

2. In case there is no legal heir other then you and your mom yes after his demise without will it be transferred to you.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

You need to first mutate property in your name in goverment records. Then after same can he transferred.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

1. He can execute a gift deed which will instantaneously transfer his share to the donee(s).

2. If he executes a gift then it will come into operation after his lifetime.

3. After the execution of gift deed or will coming into operation, as the case may be, you and your mother should apply for transfer of share certificate in the office of society. 

Ashish Davessar
Advocate, Jaipur
28733 Answers
836 Consultations

5.0 on 5.0

1. Your father needs to make a gift deed of his share on your name. 

2. The gift deed should also be registered with sub registrar by paying required stamp duty.

3. Yes if there is no other legal heirs except you and your mom then flat will automatically transfered on your name by providing copy of death certificate and legal heirs certificate of your father.

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to execute and register a release deed till the time your father is present and alive;

2. Post his demise, you will have to obtain letters of administration;

3. Or He can make a Will, and post his demise, you can obtain the probate;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1917 Answers
3 Consultations

5.0 on 5.0

Your father's share of the property would be divided amongst you and your mother.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

A declaratory suit would have to be filed and on that basis the property would be transferred in your and your mother's name.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

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